Sankar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2026 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.No.5695 of 2026

1. Sankar

2. Selvaraj

3. Balaji .. Petitioners

Versus

1. The State Rep. By Inspector of Police, Mandharakuppam Police Station, Cuddalore District.

(Crime No.102 of 2025)

2. XXXX .. Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records of the Charge Sheet filed in Spl.S.C.No.260 of 2025 on the file of the POCSO Court, Cuddalore and to quash the same in view of the proceedings on the petitioners as accused. For Petitioners : Ms.S.Jessy Monica For Respondents : Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side), for R1 1/4

ORDER

This Criminal Original Petition is filed with a prayer to quash the charge sheet filed in Spl.S.C.No.260 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

2. Upon hearing the learned Counsel for the petitioners and the learned Government Advocate (Criminal Side) for the first respondent, it can be seen that the gravamen of the allegations of the prosecution is that the victim child, who was aged about 17 years at the time of offence, developed a love affair with the first accused and on account of which, they eloped away. On account of the same, a case was registered for the offences under Sections 87, 127(4) of BNS read with Sections 9(l), 10 and 17 of the POCSO Act. Earlier, after considering the fact that after attaining the age of 18 years, the victim child is living with the first accused and she is also eight months pregnant, this court had already allowed the quash petition filed on behalf of the first accused in Crl.O.P.No.1435 of 2026. It can be seen that the very same Spl.S.C.No.260 of 2025 is quashed. However, the learned Counsel for the petitioners would submit that taking it as an order only in favour of the petitioner therein alone, the Trial Court is continuing with reference to the 2/4

other accused who are only the parents and the other relatives.

3. In view thereof, this Criminal Original Petition stands allowed. The case in Spl.S.C.No.260 of 2025 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore is quashed in its entirety. Consequently, connected miscellaneous petition is closed.

30.06.2026 : no grs To

1. The Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore.

2. The Inspector of Police, Mandharakuppam Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY, J.

grs and Crl.M.P.No.5695 of 2026 30.06.2026 4/4